21-revised RESOLUTION NO._________ REVISED 1
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A Resolution of the Mayor and City Commission of the City of South Miami, relating to a
request pursuant to Section 20-3.4(b)(4)(b) of the Land Development Code for Special Use
Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within the
“SR(HD-OV)” Specialty Retail (Hometown District-Overlay Zone); and providing an
effective date.
WHEREAS, pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code (LDC),
the applicant, Lady Marmalade Lounge and Cafe has submitted Planning Board Application No.
PB-1021 requesting a Special Use Approval to operate a new general restaurant to be located on
the ground floor of an existing mixed use office/retail building at 7301 SW 57 Court within the
“SR(HD),” Specialty Retail Hometown Overlay Zoning District; and
WHEREAS, a general restaurant is a retail use which is permitted as a special use in
within the “SR(HD),” Specialty Retail Hometown Overlay Zoning District; and is subject to
meeting general conditions specified in LDC Section 20-5.8 and subject to meeting special use
requirements set forth in LDC Section 20-3.4(B)(4)(b); and
WHEREAS, the approval of a special use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its August 31, 2010 meeting the Planning Board, after public hearing,
failed to adopt a motion recommending approval or denial of the special use restaurant request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: Special Use Application (PB-10-021-007) submitted by applicant Lady
Marmalade Lounge for approval to operate a new general restaurant to be located on the ground
floor of an existing mixed use office/retail building at 7301 SW 57 Court within the “SR(HD),”
Specialty Retail Hometown Overlay Zoning District is hereby approved subject to the following
conditions:
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(1) If the proposed general restaurant is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons residing or working in
the vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
(2) The applicant shall provide for any additional required parking by annual payment
into the Hometown Infrastructure Trust Fund as set forth in LDC Section 20-7.6(C)
(2)(c).
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(3) The applicant shall properly stripe the new parking spaces to be located along the
east wall of the first floor parking area.
(4) The applicant shall install one additional handicapped accessible parking space for a
total of seven such spaces in the building.
(5) The applicant shall provide to the City an affidavit that Building Management 5
shall cease and desist from charging a fee or lease of any kind for the use of 6
required parking spaces in the building. 7
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Section 2: This resolution shall be effective immediately after the adoption hereof. 10
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PASSED AND ADOPTED this ___ day of ____________, 2010
ATTEST: APPROVED:
____________________________ ___________________________
CITY CLERK MAYOR
Commission Vote:
READ AND APPROVED AS TO FORM Mayor Stoddard:
AND SUFFICIENCY: Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
____________________________ Commissioner Harris:
CITY ATTORNEY
X:\Comm Items\2010\10-19-10\Special use Rest 7301 SW 57 Court Resolution Revisednumbered.doc